160 Iowa 94 | Iowa | 1913
The plaintiff owned a boiler shop located upon the west side of Tama street. He has occupied the same since 1899. By permission of an ordinance of the city of Boone, the Boone Electric Company laid á street car track along the center line of Tama street. The ordinance permitting the same required that the track be laid at the established grade. It is the contention of the plaintiff that the track has been laid at an elevation much higher than the established grade, and that it interferes with the ingress and egress of plaintiff’s property. On the contrary, it is the contention of the Electric Company that it has laid its tracks in accordance
I. The appellant relies upon a certain amending ordinance known as No. 239, which is as follows:
An ordinance amending Ordinance 167 and revising the grade on Tama street between Seventh and Eighth streets. Be it ordained by the city council of the city of Boone, Iowa:
Section 1. That section 20 of Ordinance No. 167, relating to street grades and passed May 23d, 1894, be amended by adding thereto the following: Elevation above datum line on the west side of Tama street at a point one hundred and sixty feet south of the south line of Eighth street twenty-six thirty-five, and on the east side of Tama street at a point one hundred feet south of the south line of Eighth street twenty-six fifty. Approved March 22d, 1899.
"We think the controversy must turn upon the question of the validity of Ordinance No. ,239, and the decree of the trial court must therefore be Affirmed.